the allegheny front

News Analysis: Congressional Democrats Want To Close a Legal Loophole In Regulation of Deep Drilling

Ann Murray

Air date: 06/03/2009

OPEN: One reason a new wave of deep oil and gas exploration in Pennsylvania and other states is possible is that the industry has improved a drilling technique called hydraulic fracturing. A 2004 study done by EPA says the process doesn't threaten groundwater. However, EPA chief Lisa Jackson now says the agency might take another look at the study's conclusion. The Allegheny Front's news analyst Ann Murray is here to talk about the technology, the EPA study and a push in Congress to repeal a loophole in the regulation of this drilling process.

M: We've talked about hydraulic fracturing before but let's remind everyone what the process is.

A: Hydraulic fracturing or "fracking" as it's known in the industry is an oil and natural gas drilling technique that uses millions of gallons of water mixed with sand and chemicals to force open deeply buried layers of rock to get at the oil or gas inside.

M: The EPA's five-year-old study concluded that this process doesn't harm groundwater. Why is Lisa Jackson talking about the possibility of a change in the agency's position?

A: Jackson recently appeared in front of Congress to talk about the study. This study is the basis for a decision in the 2005 energy bill to exempt the drilling industry from the regulation of fracking under The Safe Drinking Water Act. Because of new reports of groundwater impacts, Democrats in the House and the Senate want to attach a bill to a bigger piece of legislation to end that exemption - like the energy bill that's being considered in Congress. Pennsylvania's Bob Casey will introduce a bill in the Senate with similar language to a House bill.

M: Just to clarify, the Safe Drinking Water Act regulates what chemicals can be put underground, correct? Are any other industries exempt from regulation under The Safe Drinking Water Act?

A: That's right. The act governs what chemicals industries can inject and limits pollution levels, and no other industries have exemptions. So that means there's no federal oversight for hydraulic fracturing and the operators don't have to make public the chemicals they use to do the fracturing.

M: Can you describe the reported problems?

A: Pennsylvania has had some instances of methane gas in groundwater as have Colorado and Ohio. According to news accounts, EPA officials say they aren't sure if contamination is related to fracturing because they don't regulate the process and therefore can't trace the chemicals.

M: Do states regulate fracturing?

A: Because the process isn't regulated under The Safe Drinking Water Act, states are not required to regulate but some oil and gas producing state do. In Pennsylvania the state has some idea of what chemicals are used but doesn't know proportions.

M: Why do drillers need to use chemicals in the fracking process?

A: They say that the chemicals help to crack open the rock or sand layers that hold natural gas or oil.

M: What kind of lobbying effort has the industry made to stop potential legislation?

A: As a direct result of possible legislation, the industry recently initiated a big lobbying campaign saying states do a good job regulating the practice and federal regulation would make drilling more expensive. The industry contends that means lost jobs, a loss of tax revenue and lower production of gas and oil.

M: Is this the first time Democrats have tried to pass legislation to get federal control of hydraulic fracturing?

A: No, there have been a few other attempts with no success.

M: When will the bills in the House and Senate be introduced?

A: I talked with a press officer in Senator Casey's Washington office and all she would say is "soon."

M:Thanks Ann, to hear all of Ann's reports on deep drilling in Pennsylvania, go to our website, alleghenyfront.org.